News & Analysis as of

Non-Union Occupational Safety and Health Administration

Davis Wright Tremaine LLP

OSHA Rule Could Allow Union Representatives to Join Inspections – Even at Non-Unionized Worksites

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has proposed revisions to the existing rules governing who can participate in OSHA's onsite workplace inspections. The purpose of these...more

McGuireWoods LLP

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

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On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to...more

Kilpatrick

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

Kilpatrick on

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more

Faegre Drinker Biddle & Reath LLP

OSHA Walks Back Allowing Union Representatives on "Walkarounds"

Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more

Seyfarth Shaw LLP

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

Constangy, Brooks, Smith & Prophete, LLP

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Littler

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

Genova Burns LLC

OSHA Issues Controversial Opinion Letter Concerning Union Presence During Inspections

Genova Burns LLC on

Employers should be aware of a recent opinion letter issued by OSHA, the branch of the United States Department of Labor charged with enforcing federal law governing workplace safety and health....more

Fisher Phillips

OSHA Opens Worksites to Allow Union Representatives to Participate in Walk-around Inspections of Non-Union Companies

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In a new letter of interpretation publically released on April 5, 2013 (originally dated February 5, 2013), the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection...more

Miller & Martin PLLC

A Wolf at the Door: Could a Labor Union Encourage Your Employees to Ask OSHA to Inspect Your Non-Union Facilities – Then...

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Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA...more

McNees Wallace & Nurick LLC

Interpretation Letter Permits Union Organizers To Be Employee Representatives During OSHA Inspections At Non-Union Worksites

The Occupational Safety and Health Administration (“OSHA”) recently released a Letter of Interpretation authorizing employees at non-union workplaces to designate union organizers to act as their employee representative...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Non-Union Employees at Worksite Safety Inspections Contradicts OSHA Regulation and Creates Host of Issues for Employers

With private sector union density steadily declining, unions will take help anywhere they can get it. The most recent case in point: the Occupational Safety & Health Administration (OSHA) issued an interpretation letter on...more

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